Avenue Delicatessen and Others v Natal Technikon (187/85) [1985] ZASCA 142; [1986] 2 All SA 1 (A) (29 November 1985)

Avenue Delicatessen and Others v Natal Technikon (187/85) [1985] ZASCA 142; [1986] 2 All SA 1 (A) (29 November 1985)

The Supreme Court of Appeal held that the Deputy Minister had the substantive power under section 2(2) and (3) of the Rent Control Act to withdraw the jurisdiction of the Regional Rent Board over the business premises in question, and that the direct method used in Government Notice 2629/1983 was legally permissible. The reference to the incorrect empowering section did not invalidate the notice. The Court further found that the protection afforded to tenants under the Rent Control Act is co-extensive with the applicability of the Act to controlled premises. Once the premises ceased to be controlled due to the withdrawal of the rent board's jurisdiction, the tenants could no longer invoke...

Citation
[1985] ZASCA 142
Parties
Appellant: Avenue Delicatessen; Appellant: Scala Cinema; Appellant: Scala Cafe; Appellant: Scarwick Centre (Pty) Ltd; Appellant: Scala Groceries; Respondent: Natal Technikon
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 1985
Case Number
187/85
Procedural Posture
Civil Appeal / Appeal From the Natal Provincial Division After Leave to Appeal Was Granted by Petition to the Chief Justice.
Outcome
Appeal dismissed with costs.
Judges
Rabie, Joubert, Van Heerden, Grosskopf, Galgut
Legal Topics
Rent Control Act, Ejectment, Accrued Rights, Ministerial Powers, Government Notice, Controlled Premises
Land and Property Civil Procedure Rent Control Act Ejectment Accrued Rights Ministerial Powers Government Notice Controlled Premises

Case Brief

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Parties

Avenue Delicatessen

Appellant

Scala Cinema

Appellant

Scala Cafe

Appellant

Scarwick Centre (Pty) Ltd

Appellant

Scala Groceries

Appellant

Natal Technikon

Respondent

Procedural Posture

Civil Appeal / Appeal From the Natal Provincial Division After Leave to Appeal Was Granted by Petition to the Chief Justice.

Legal Issues

  1. 1 Whether the appellants are entitled to rely on the protection of the Rent Control Act to resist ejectment from the premises.
  2. 2 Whether Government Notice 2629/1983 was validly issued and effective to withdraw the jurisdiction of the Regional Rent Board over the premises.
  3. 3 Whether tenants acquired vested or accrued rights under the Rent Control Act that survive the withdrawal of rent board jurisdiction.

Ratio Decidendi

The Supreme Court of Appeal held that the Deputy Minister had the substantive power under section 2(2) and (3) of the Rent Control Act to withdraw the jurisdiction of the Regional Rent Board over the business premises in question, and that the direct method used in Government Notice 2629/1983 was legally permissible. The reference to the incorrect empowering section did not invalidate the notice. The Court further found that the protection afforded to tenants under the Rent Control Act is co-extensive with the applicability of the Act to controlled premises. Once the premises ceased to be controlled due to the withdrawal of the rent board's jurisdiction, the tenants could no longer invoke...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.